Non-Liability for Personal Property
Guests agree that Owner and VROTFK shall not be liable for any loss of or damage to any personal property in or on the premises or stored in rooms or places provided to Guest in connection therewith, nor shall Owner or VROTFK or employees be liable to guest, guest’s family, guests or agents for failure to repair or maintain any part of the premises or property contained therein, absent gross negligence.
Guest further agrees that neither Owner nor VROTFK or employees shall be liable for any damage to the personal property of the guest, guest’s family, guests or agents arising from theft, vandalism, fire, water, rain, acts of God or government, interruption of utilities, acts of other or other third party or external causes whatsoever.
Hold Harmless
Guest is responsible for and shall indemnify VrOTFK and hold them harmless from any and all claims, liability, demands, actions, causes of action, expenses, damages, losses or injuries sustained by any person including Guest, Guests family, agents, guests or invitees as a result of or arising from the guest & subject occupancy, including, but in no way limited to claims arising from the use of any pool, hot tub, spa-pool, pond, open water (Ocean, Gulf, Bay), water area, or dock, which are part of the premises or use of bunk beds, grill, fire pit, water toys, floats, kayaks, bikes, paddle boards etc. whether supplied by owner or not. Guest shall also be liable and indemnify VROTFK for attorneys fees and court costs incurred by VROTFK in enforcing any of the terms, covenants or conditions of this Agreemet or which are sustained by VROTFK as a result of or arising from or during Guests subject occupancy.
Hurricane Policy
Hurricane Season is from June 1 to November 30th. Tenants agree to vacate the premises when a mandatory evacuation Order has been issued due to a pending hurricane. In the unlikely event that a hurricane evacuation is ordered while you are a guest, and you have not purchased travel insurance, you will be issued a credit refund for any unused portion of your stay. Guests holding a confirmed reservation who are unable to travel because of the closing of the local airports or connecting roadways due to a mandatory evacuation and have not purchased travel insurance, will receive a refund for any unused portion. If a property is damaged and not in condition to rent due to a storm, we will do our best to relocate you to a similar property or refund you. No refunds will be issued if the hurricane is not a threat to the Florida Keys and you are unable to travel because of canceled flights or adverse travel conditions outside the Keys. We offer two types of travel insurance and both of these do cover storms. We highly recommend purchasing one of them if you are planning on renting during hurricane season.
**Important Notices**
1. Minimum booking age is 25 years old.
2. Home has a max occupancy of 10 people no matter the age.
3. Five vehicles will be allowed per stay.
4. Check in is at 4 pm and access information given 24 hours before arrival.
5. Quality Control Staff will be checking the property the day of arrival to ensure your check in experience is memorable.
Rules, Regulations & Quiet Hours
Throughout the Keys there are different rules, regulations and quiet hours for each area. The City of Marathon has very strict rules regarding occupancy and minimum night stays. The minimum night stay in Marathon is 7 days, UNLESS the property is under an HOA that states differently. Please make sure to check the description of every property, as the minimum night stay is stated there as well as in the rates. Occupancy is based off physical bodies and not age. This means a child or baby is still counted as a person. The City of Marathon states that occupancy is based on the number of bedrooms plus two extra. This means that if you have a three-bedroom property your max occupancy would be ten (10) persons and that includes all adults and children. Always double check the property description for the max occupancy as it is stated there. Any guests that are over the max occupancy will be asked to leave. The City of Key Colony Beach the same rule regarding the minimum night stay as The City of Marathon.
The minimum night stay in Key Colony Beach is 7 days, UNLESS the property is under an HOA that states differently. The City of Key Colony Beach however has different restrictions regarding occupancy. They base their occupancy on square footage of the property. Their rule states one person per two hundred (200) square feet. Any property that is two thousand (2000) square feet or larger has a max occupancy of ten (10) persons. So this means if the property only has nine hundred (900) square feet it can only hold a max of four (4) persons, this includes adults and children. Always double check the property description for the max occupancy as it is stated there. Any guests that are over the max occupancy will be asked to leave.
The max occupancies refer to overnight guests and not your day guests. All day guests must be approved by the property manager and they must be given a list with their names and ages. No visitors are allowed at the property after 10:00 PM.
The city of Marathon and the City of Key Colony Beach mandate the quiet hours to be 9:00 PM till 9:00 AM. These ordinances must be followed. Also please be mindful that noise carries very well close to water and conversations can be heard easily from balconies and pools. All neighbors will have the Manager’s phone numbers and have been asked to call us if they should ever have a problem with any guests.
The guest acknowledges and agrees that VROTFK, may remove or cause to be removed from the premises any Guest or occupant who, while at the premises, illegally possesses or deals in controlled substances, violates any of the terms of this Agreement, is intoxicated, profane, lewd or brawling, who indulges in any language or conduct which disturbs the peace and comfort of other guests or neighbors, or which constitutes a nuisance, or which injures the reputation, dignity or standing or the premises or anyone who fails to make payment of fees at the agreed-upon rate and fees at the agreed-upon times, or anyone who fails to check-out at the agreed-upon time unless an extension of time is expressly agreed to by VROTFK, in writing prior to check out. Any notice to vacate may be given orally or in writing by VROTFK to Guest or occupant and if in writing shall be as follows “You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after notification, is a misdemeanor under State Laws”. Law enforcement will remove you you’re your guests if you do not leave voluntarily. Any guests that are asked to vacate the property will not receive any type of refund for their stay.
Check Ins & Instructions
Check in is after 4:00pm. Please do not arrive before your arrival time. If you are wanting to arrive early you will need to request this and this option is only available if someone is not departing the same day that you are arriving. Each property will have their own fee for early check in so you must get approval. These requests cannot be made until 2 days prior and no later than 1 day prior to arrival. If you are found to have arrived early without prior approval there will be a one hundred dollar ($100) fee. We understand that you’re excited to arrive but your early arrival affects our cleaning and maintenance staff. If you arrive to a property at your designated check in time and the cleaner is still there, we ask that you call VROTFK and get an estimated time of completion and return at that time.
All check in instructions are sent via email 2 days prior to arrival. We ask that you check your inbox and spam box a couple days prior to arrival to make sure you received them. If you have not, please call the office and they will be resent. If you need check in instructions earlier than that due to traveling and not having access to email, you must request this in advance so that they are sent in a timely manner to you.
Check Outs & Instructions
Check out is 10:00am or earlier. If you are departing earlier than 10:00am please let us know so that we can inform the cleaning staff. Late check out is only available if someone is not checking in the same day that you are departing. Each property will have their own fee for late check out so you must get approval. These requests cannot be made until 2 days prior and no later than 1 day prior to departure. If you are found to have not departed at 10:00am with prior approval there will be a one hundred dollar ($100) fee.
• Please clean all dishware and put away
• Please strip all linens from beds & place used towels in a pile; if possible, please start at least one load of laundry before departure
• Fridge: throw away any opened items that you cannot take with you
• Trash: make sure all trash is removed from the house. Also note when trash pick-up is for the property and make sure to put out before departure. If you are staying on Key Colony and leaving before the pick-up days, DO NOT put the trash out, just let us know and we will take care of it.
• Recycling: DO NOT put plastic bags in the recycle bin or else it will not get picked up.
Also note when trash pick-up is for the property and make sure to put out before departure. If you are staying on Key Colony and leaving before the pick-up days, DO NOT put the trash out, just let us know and we will take care of it.
• Furniture: If you have rearranged the furniture (inside out) please put it back to where you originally found it. If there is an umbrella, please make sure to leave it in the closed position
• Grills: If you have a BBQ grill and used it during your stay please clean it and make sure propane is off.
• Bait Freezers: Left over bait? Don’t throw it in the trash, either feed the fish or let us know that you are leaving it in the bait freezer so that we can tell the next guests or owners
• Lights: Turn off all lights before departing
• AC: Please set to 78 degrees when you depart
• Please close all windows and doors, make sure they are locked upon departure
• Keypad: please text or call the property manager to let them know you have departed or what time you plan on departing
• Lockboxes: please leave one set in the lockbox and the other set with the basket.
There is a copy of check out (departure) procedures in the property binder as well as they are emailed to you 2 days prior to departure. If these items are not followed all the way through you will incur additional charges.
Boats, Trailers & Vehicles
It is understood that RV’s, boats, motor homes, trucks, motorcycles, trailers, etc. are not permitted without specific approval and possible extra charges. It is also understood that, at no time, are boats or vehicles to be used for accommodation or connected in any way to utilities of the main home. Some of the homes have docks that may or may not have power or water. Guests are responsible for confirming how much room a property has for vehicles and boat trailers. Not all properties will have on site trailer storage.
VROTFK has Terms and Conditions of use for this property and all the properties we manage. As a party to this transaction you and your party understand that renting this property you expressly agree to the Terms and Conditions of VROTFK. Once a deposit is received by VROTFK, or through any other platform you choose to book the property, that act of booking this home will acknowledge and accept these Terms and Conditions./
Terms & Conditions
Terms and Conditions of Occupancy Agreement, (hereafter called “Agreement”) between Vacation Rentals of the Florida Keys, LLC (hereafter called Vrotfk) and Signer, (hereafter called “Guest”).
Vacation Rentals of the Florida Keys, LLC is a non-real estate agency, non- Realtor® affiliated business entity separate from Florida Keys Real Estate Group which is a licensed real estate business. By “submitting” this form, that you the Guest are confirming that you have read and agreed to the rules and regulations listed below.
Payments & Accounting
All payments and prices are in USD. All reservation deposits are 30% of the total to hold and then final balance paid 60 days prior to arrival. These are payable by Visa, Master Card, American Express or Paper Check (bank or personal). When booking a property less than 60 days out, full payment is due at booking. If the balance of the reservation remains unpaid at 50 days out we reserve the right to cancel your reservation and put the property back on the market. To make any reservations, you must be at least Twenty-Five (25) years old and must occupy the property during the entire stay. We do not rent to groups that are under 25 years old. The max occupancies are listed on every property and are strictly enforced. Your initial deposit is non refundable if the final payment is not made.
Rates & Fees
Published rates are subject to change without notice. Required fees that are mandatory are the following: Cleaning fee (varies from property to property), Processing fee (varies from property to property), 7.5% State Sales tax, and 5% Monroe County Tourist Tax. Depending on the property there might be other fees such as pet fees, pool heat fees, resort fees or boat fees. Cleaning fees vary from property to property and we do offer mid stay cleanings. Mid stay cleanings are determined based on what you want the cleaners to do and we will usually request that you pay after they have completed. Please make sure to follow all of the check out procedures, as any excess cleaning or trash that is needed will be charged. Those charges will vary depending on the property and the excess amount the cleaner had to do. DO NOT enter a property on arrival day if the cleaner is still there. Call your property manager and get an estimated time of completion and return to the property at the specified time.
Early Check In or Late Check Out
Each property will vary on the fee for either of these. These options are only available if someone else is not departing the day of your arrival or arriving on the day of your departure. If you DO NOT have permission for either of these you will be charged $200 fee to the credit card on file.
Security Deposits & Travel Insurance
Vacation Rentals of the Florida Keys uses a company called Rental Guardian for its security deposit options. Through Rental Guardian we have a nonrefundable damage insurance policy. The current policy is $89 and it covers unintentional damages to the unit interior that occur during your stay. This is a non-refundable policy that covers up to three thousand dollars ($3000) in accidental damages, $1 million in liability and $15k in bed bugs. These damages must be reported to the property manager or office immediately. Any damage that exceeds the $3000 coverage or is not reported will be charged to the credit card on file. Guests also agree to be held responsible for any damage that their party or visitors cause. The Damage Insurance can be purchased up to and including the day of check in. (If you wish to do a refundable deposit instead, please contact Vacation Rentals of the Florida Keys directly – each property will have their own set amount for this).
We do offer optional Travel Insurance at 7% of the entire rental cost and then a second option “Cancel for any reason” for 10.80% of rental cost. The general travel insurance can be added up to the final payment of your reservation. The Cancel For Any Reason policy can only be added within 14 days of the original booking date. This covers trip cancellation, trip delay/interruption, rental car collision damage waiver, baggage delay, medical expense/emergency medical transportation, roadside assistance, concierge service, identity theft and more. If you are traveling between June 1 and November 30 (Hurricane Season) it is highly recommended to purchase this. The “Cancel for Any Reason is only available to US travelers only. If you chose not to purchase the travel insurance there is no guarantee for any type of refund.
Cancellations & Substitutions
Any cancellations or changes received sixty-one (61) days or more prior to arrival are eligible for a refund less a one hundred dollar ($100) cancellation fee, plus 12.5% tax. Any cancellations or changes received sixty (60) days or less prior to arrival are not eligible for a refund and will forfeit all money paid. *Late arrival or early departure does not warrant any refund or credit of rental rate.
*Any exceptions to a refund during the 60 days prior will still be assessed a one hundred dollar ($100) cancellation fee, plus 12.5% tax. Despite our best efforts, some matters are beyond our control (examples are: plumbing, electrical, air conditioning or sale of property) and an alternate accommodation may not be available. We of course will do our best to find an alternative property, but should that not happen a full refund will be given to the guest. If this should happen, VROTFK shall not be held responsible for any consequential or secondary circumstances, including but not limited to relocation expenses or additional travel expenses or any other loss. VROTFK also does not accept liability for any inconvenience arising from any temporary defects or stoppage in supply of water, gas and electricity, outside construction noise, internet/cable, sea grass in the canal, the smell of sea grass, any cause of nature, insects of any kind, pool/hot tub malfunctioning including pool heat or plumbing. Nor will VROTFK accept liability for any loss or damage caused by weather conditions (this includes hurricanes). If you are traveling during hurricane season (June 1 – November 30): we highly recommend for you to purchase travel insurance. This would cover you in the event off natural disasters, acts of God or other reasons beyond your control. (Please see the paragraph about Travel Insurance for more information).
Guest Obligations
We expect all guests to have reasonable and orderly conduct in the residence with respect given to the terms of this Agreement, the property, the law and the neighbors. Guests are responsible for damages as outline in the damage section under “Security Deposit & Travel Insurance”.
Utilities
Most homes will come with telephones, cable TV/Satellite TV or Internet, but not all of them. Homes with phones may or may not be free long-distance calls. That being said, all long- distance calls should be made on your cell phone, calling card or pre-paid phone card. Most homes will come with a basic cable package so not all channels will be available. It is the responsibility of the guest to confirm that the home they are interested in will have those items via their descriptions or by confirming with the property manager. VROTFK is not responsible if services are interrupted or not available in every room of the property. Guests are not entitled to any refunds or credit card charge backs for interruption in service. Calls or services, including but not limited to Pay-Per Views, downloaded games or movies not billed to your own payment method will be charged to your credit card.
Amenities
Properties will offer either a private pool, shared pool on site, shared pool off site or no pool. Some homes might have pools and hot tubs where as some might only have a hot tub. It is the guest’s responsibility to confirm what type of amenities each property has by checking their descriptions, pictures or confirming with the property manager. Properties that come with private pools may have optional pool heat. This is a requested service and you must request it at least the day before arrival so that it has time to get to warm for check in. Most of the temperatures will be set between 84-88 degrees. Use of swimming pools and hot tubs are “at your own risk”. All guests assume the risks of use and waive the right to file suit against the owner and/or VROTFK for any loss, damage, injury or liability that should occur. There is No Diving at any pool.
• An adult MUST supervise children at all times. The tragedy of child drowning occurs every year in Florida and is a nightmare we all must work to avoid. Our pools are gated or caged but you as the parent or guardian play a critical role – on vacation just as at home.
• Pets are forbidden in the pool and pool area.
• No glass or breakable objects around pool or pool area.
• Area must be kept in a clean and proper order.
• Please ensure that young children wear swim diapers and not regular diapers.
• No balloons poolside as they can cause expensive repairs to pool pumps or decks that are not considered “accidental”.
Pools are serviced weekly. Please notify VROTFK immediately if there are any problems or concerns; there will be no rent refund if the pool or spa is closed due to any circumstance. The gates and pool cage doors are to be kept closed and secured at all times. For properties that come with beach chairs or beach towels: please make sure they are all returned to the house each night.
Replacement cost is One Hundred dollars ($100.00) per beach chair and Twenty-Five dollars ($25.00) per towel. Guests are responsible for confirming if the property has these items, check descriptions and confirm with property manager.
Guests are responsible for checking to make sure that a property comes with dockage and what the max length is for their boat. This also means Guests must double check about trailer storage on site or if there are off site areas available. Guests must also verify the depth as VROTFK will assume no responsibility if the guests’ boat does not properly fit at the dock. Very few homes will allow for more than one boat, there might be additional charges in that case, guests must confirm if a property will allow this and what the extra charge is.
If the property comes with a grill please confirm whether it is gas or charcoal. Most of the grills will be gas (propane) and if you are to run out during your stay, we ask that you call the office OR you can go Circle K, Publix or Walgreens and exchange the tank. If you exchange the tank please send a picture of the receipt plus the property name or address with the last name on the reservation to [email protected] so that it can be submitted for reimbursement. Guests are responsible for cleaning the grill before they leave or there will be an extra cleaning charge.
Pets
Not at all homes are pet friendly. Please keep in mind that even if a home is not pet friendly, it does not mean the owner does not have a pet. So please ask about this if anyone in your party has pet allergies. All pet friendly homes will have it noted in their description and the non-refundable pet fee will be based off breed, size and number. Max allowed at any property is 2. The following breeds are not allowed due to insurance liability: Pit Bulls (Also known as: American Pit Bull Terrier, American Staffordshire Terrier, American Bully, and Staffordshire Bull Terrier and American Bulldog), Rottweilers, Chows, Akitas, Wolf Hybrids, Beaucerons, German Shepherds and Dobermans, plus any mix of these breeds or any dog with a history of biting. If any of these breeds are found in your unit or on the premises, you will be asked to vacate immediately with no refund of any payments. If a pet fee has not been paid, but there is evidence of an animal in the house, your credit card will be charged three hundred dollars ($300.00) per pet. If any dogs or cats are found in a non-pet friendly unit or on the premises, your credit card will be charged five hundred dollars ($500.00) per pet AND you will be asked to vacate immediately with no refund of any payments.
Guest is responsible and liable for:
• Any damage to any property or any item in any property caused by the pet; please crate your pet when you are not in the unit.
• Any personal injuries to any person caused by the pet.
• Removal of all pet waste.
We are compliant the Americans with Disabilities Act (ADA) as it applies to Service Dogs, who are trained to perform a service. Please note the ADA does not cover “Therapy Animals” or “Emotional Support Animals”, so please do not bring critters other than dogs (or cats with written permission) to our properties. This includes, but is not limited to: birds, reptiles, pigs, ducks and monkeys. If a pet other than a dog (or cat with written permission) is found in your unit or on the premises, you will be asked to vacate immediately with no refund of any payments. The pet fee does not cover removing pet waste so please stoop & scoop. There are biodegradable bags at all Beach Accesses for this purpose. Pets are not allowed in the pool.
You must keep your pet on a Five (5) foot fixed leash and under control at all times. The owner of the house and VROTFK shall be held harmless from all claims or causes of actions arising from but not limited to damage or physical injury caused by the pet. You are responsible to have your pet up to date on all shots and vaccinations including but not limited to Rabies, Bordetella and tick and flea treatment.
Please do not leave pets home alone if you are expecting a service technician, as they will not enter the premises.
Smoking
Smoking is not permitted in any unit. If there is evidence of smoking in the house, your credit card will be charged Five Hundred dollars ($500.00) plus the cost to remove all evidence of smoking. (This typically involves dry-cleaning of window treatments and bedspreads, shampooing the upholstery and carpets, and changing the air filters). You will also be asked to vacate immediately with no refund of any payments. Please smoke outside and clean up all evidence of smoking. By signing this agreement, you authorize us to charge your credit card for expenses related to smoking in the home.
Canals, Sea Grass, Pests, Camera & Construction
The Keys are located in the Tropics and the following pests: ants, scorpions, noseeums and palmetto bugs, etc. are very common. Every precaution will be taken, but not guaranteed, that the interior of your property will be free from living pests.
During different times in throughout the year, sea grass can blow into the canals or onto the shore of properties. Sea grass is common and it does have a distinct and unpleasant odor. This is not something that we can control and we are not responsible for the removal of any sea grass nor will you get any type or refund or credit should this happen during your stay.
Some properties will have exterior cameras for security purposes. Interior cameras are not allowed and if for some reason you find one, please alert VROTFK immediately.
VROTFK does the best we can in keeping our guests updated about any construction going on near the rental properties. VROTFK will not be responsible nor will you get any credit or refund for the inconvenience of any construction that is occurring on roadways, utility easements or surrounding properties.
Lost & Found
Please make sure to double check before departing a property, that you have collected all of your belongings. Anything that is left behind will be turned in by the cleaning staff or the property manager with the date and property it was found at. Unless the items are of extreme importance (passport, plane ticket, wallets, etc) we might not call you about the items. If you return home and notice that you left behind the items, you will be charged the cost of shipping the items back to you. Any unclaimed items after 40 days will be donated or thrown away.
Keys Koncierge
All of the properties come with a starter set of paper soap products; Two (2) full rolls of toilet paper per bathroom (larger homes might come with 3 rolls), One (1) roll of paper towels in the kitchen (larger homes might come with 2 rolls), One box of tissues, starter quantities of laundry detergent, dish soap, dishwasher soap and hand soap, travel size shampoos, conditioners and body wash. It is your responsibility to bring or purchase supplies as you need. We are happy to stock the home for you through one of our concierge add-ons. Please see our concierge service on our website.
Advertisements
We advertise all of our properties on many different sites. These sites will have their own breakdowns and fees. As a patron of other booking site, there is a cost to doing business. Every site has their own fees that are out of our control.
Errors, Omissions & Changes
Every effort is made by VROTFK and the managers to ensure that all information for every property is accurate and up to date on all the sites we maintain including our integrated sites, but we cannot guarantee this. VROTFK is not responsible for any inadvertent errors or omissions or for recent changes by an owner to their property. Our policies, descriptions, conditions, rates and amenities are always subject to change without notice at any time before your occupancy. VROTFK is not responsible for any outside conditions, construction, neighboring homes or neighboring pets. We are also not responsible for on site ice makers, bait freezers, bicycles, kayaks, paddle boards and/or other amenities. Please make sure to read all descriptions regarding these items as not all homes come with them and we are not responsible if they are not provided.
Property Listed for Sale Showing Requests
Upon your arrival the property could have been listed for sale. We do require the agents to give twenty-four-hour (24hr) notice for showing requests. The property manager and listing agent will be present during showings. If we do not hear back from you, we will assume that there is no issue and will show the property during the requested time. If the property sells before your arrival and the new owners will not honor the agreement, VROTFK will do the best we can in finding an alternative. If no alternative is found, you will be refunded in full.
Any cancellations or changes received sixty-one (61) days or more prior to arrival are eligible for a refund less a one hundred dollar ($100) cancellation fee, plus 12.5% tax. Any cancellations or changes received sixty (60) days or less prior to arrival are not eligible for a refund and will forfeit all money paid.
*Late arrival or early departure does not warrant any refund or credit of rental rate.
*Any exceptions to a refund during the 60 days prior will still be assessed a one hundred dollar ($100) cancellation fee, plus 12.5% tax.
